LEGAL PROFESSION ACT 1987 - SECT 208C Costs agreements not subject to assessment

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 208C

208C Costs agreements not subject to assessment

(1) A costs assessor is to decline to assess a bill of costs if:

(a) the disputed costs are subject to a costs agreement that complies with Division 3, and

(b) the costs agreement specifies the amount of the costs or the dispute relates only to the rate specified in the agreement for calculating the costs.

(2) If the dispute relates to any other matter, costs are to be assessed on the basis of that specified rate despite section 208A. The costs assessor is bound by a provision for the payment of a premium that is not determined to be unjust under section 208D.

(3) This section does not apply to any provision of a costs agreement that the costs assessor determines to be unjust under section 208D.

(4) This section does not apply to a costs agreement applicable to the costs of legal services if a barrister or solicitor failed to make a disclosure in accordance with Division 2 of the matters required to be disclosed by section 175 or 176 in relation to those costs.